February 4, 2016

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590 

RE: PHACT FILMS

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE 

OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING 

COMMERCIAL OPERATION OF DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Eric Verkouteren

President

PHACT FILMS

PO Box 713206

Santee, CA 92072

(c) 951-326-4448 

(e) eric@phactfilms.com 

Phact Films: Section 333 Exemption Revision: Original Page 1 of 26
TABLE OF CONTENTS 

Page 

GLOSSARY OF ABBREVIATIONS...................................................................3 

SUMMARY................................................................................................4 

INTRODUCTION AND INTERESTS OF PETITIONER...........................................4 

BACKGROUND...........................................................................................5 

BASIS FOR PETITION...................................................................................5 

NAME AND ADDRESS OF PETITIONER............................................................6 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PHACT FILMS SEEKS 

EXEMPTION...............................................................................................6 

THE EXTENT OF RELIEF PHACT FILMS SEEKS AND THE REASON 

PHACT FILMS SEEKS THE RELIEF.................................................................10 

THE REASONS WHY GRANTING PHACT FILMS’S REQUEST WOULD 

BE IN THE PUBLIC INTEREST ......................................................................12 

THE REASONS WHY GRANTING THE EXEMPTION TO PHACT FILMS 

WOULD NOT ADVERSELY AFFECT SAFETY.....................................................14 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER....................24 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT PHACT FILMS’S REQUEST...............................................................24 

CONCLUSION..............................................................................................25 

APPENDICES...............................................................................................26 

Phact Films: Section 333 Exemption Revision: Original Page 2 of 26
GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman 

PIC Pilot in Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer 

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

Phact Films: Section 333 Exemption Revision: Original Page 3 of 26
SUMMARY 

PHACT FILMS seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to 

operate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will permit PHACT FILMS to 

operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial 

video and photography of construction sites, agricultural monitoring, residential and commercial 

real estate, civil landscapes, emergency response planning and events over certain areas of the 

United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

PHACT FILMS has for over 14 years provided their clients (which include private sector 

businesses and non-profits) with expertise and knowledge in photography, video and multimedia 

marketing, advertising using advanced technologies and solutions. PHACT FILMS has worked 

on hundreds of productions over the past 14 years in all types of locations with a perfect client 

and employee safety record. In the past we have supplied our clients aerial video and 

photography using commercial aircraft. The objective of PHACT FILMS and our Unmanned 

Aircraft System (DJI Phantom 3) aerial operations is to provide a more affordable, high-quality 

production system for a variety of governmental, commercial, public, and residential uses, 

specifically targeting: 

• Aerial Surveys (Utility, Environmental, Structural, & Infrastructure) 

• Construction sites (before & after) 

• Residential & Commercial Real Estate/Landscapes 

• Economic Development, Civic Landmarks 

• Search & Rescue 

• Special Event Coverage 

• Private & Governmental Training 

• Livestock Monitoring 

• Agricultural Aerial Survey, Crop Management 

• Bridge, Pipeline, Waterway, Wastewater Infrastructure Inspections 

• Disaster & Catastrophe events 

Our staff has safely flown small RC electric quadcopter recreationally for approximately 2 years 

with incident. Additionally as president of the company, I’m a commercial rated helicopter pilot 

with a current medical and an Airframe & Power Plant mechanic certificate. 

Phact Films: Section 333 Exemption Revision: Original Page 4 of 26
BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3, UAS

PHACT FILMS seeks an exemption to operate DJI Phantom 3 system for compensation or hire 

within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft 

(UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. 

The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a 

diagonal dimension of 23.2”, a maximum speed of approximately 16.4’fps and a maximum 

flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium 

Polymer battery powered electric motors. 

The DJI Phantom 3 that will be operated by PHACT FILMS will be registered in accordance 

with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, 

and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

BASIS FOR PETITION 

Petitioner, PHACT FILMS, pursuant to the provisions of the Federal Aviation Regulations (14 

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, 

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate the DJI Phantom 3, UAS in the National Airspace System (NAS), and for 

an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, PHACT FILMS’ operation of DJI Phantom 3 UAS meets 

the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate 

in accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, PHACT FILMS requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only 

apply to aircraft with an airworthiness certificate. 

PHACT FILMS submits that the requested relief is proper since an equivalent level of safety will 

be ensured. PHACT FILMS will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, 

and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 3 Instruction Manual). Furthermore, PHACT FILMS will document and maintain all 

maintenance records for the DJI Phantom 3 UAS. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges 

and limitations: Pilot in command, is requested by PHACT FILMS to the extent necessary to 

allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an 

Phact Films: Section 333 Exemption Revision: Original Page 5 of 26
airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner 

consistent with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

PHACT FILMS seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because 

the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. As such, PHACT FILMS submits that they will ensure that the DJI Phantom 

3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in 

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 

Instruction Manual), and that the aircraft are in a condition for safe flight. 

PHACT FILMS also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter 

onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC 

via Global Positioning System (GPS) equipment and radio communications telemetry data link, 

which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude 

information, combined with PHACT FILMS’ operation of the DJI Phantom 3 UAS within visual 

line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, PHACT FILMS seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. PHACT FILMS submits that safety will 

not be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual 

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to 

fly for a total duration of approximately 23 minutes. Battery power indicators are also able to 

show exactly how much battery power is left, as well as how much time is needed to return 

safely back to point of take off. 

In accordance with 14 C.F.R. § 11.81, PHACT FILMS provides the following information in 

support of its petition for exemption: 

A. Name And Address Of The Petitioner. 

The name and address of the Petitioner and point of contact is: 

Eric Verkouteren

President

Phact Films

PO Box 713206

Santee, CA 92072

(c) 951-326-4448 

(e) eric@phactfilms.com

Phact Films: Section 333 Exemption Revision: Original Page 6 of 26
B. The Specific Sections Of 14 C.F.R. From Which PHACT FILMS Seeks Exemption. 

1. PHACT FILMS Seeks Exemption From The Requirements Of Section 61.113(a) And (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections 

(a) and (b) prescribe the following, in relevant part: 

 (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of 

 an aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as PIC of an aircraft. 

 (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection 

with any business or employment if— 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

2. PHACT FILMS Seeks Exemption From The Requirements Of Section 91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. PHACT FILMS Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 

 (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating-- 

(1) Below 18,000 feet MSL, to-- 

 (i) The current reported altimeter setting of a station along the route and within 

 100 nautical miles of the aircraft; 

 (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this 

 section, the current reported altimeter setting of an appropriate available station; 

 or 

 (iii) In the case of an aircraft not equipped with a radio, the elevation of the 

 departure airport or an appropriate altimeter setting available before departure. 

4. PHACT FILMS Seeks Exemption From The Requirements Of Section 91.151(b).

Phact Films: Section 333 Exemption Revision: Original Page 7 of 26
Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the 

following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless 

 (considering wind and forecast weather conditions) there is enough fuel to fly to the first 

 point of intended landing and, assuming normal cruising speed, to fly after that for at 

 least 20 minutes. 

5. PHACT FILMS Seeks Exemption From The Requirement Of Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner 

or operator of an aircraft— 

 (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

 between required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter[.] 

6. PHACT FILMS Seeks Exemption From The Requirements Of Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, subsection (a)(1), states the following: 

 (a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless-- 

 (1) It has been approved for return to service by a person authorized under § 43.7 

 of this chapter[.] 

7. PHACT FILMS Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 

91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following:

 (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had -- 

 (1) An annual inspection in accordance with part 43 of this chapter and has been 

 approved for return to service by a person authorized by § 43.7 of this chapter; or 

 (2) An inspection for the issuance of an airworthiness certificate in accordance 

 with part 21 of this chapter. 

8. PHACT FILMS Seeks Exemption From The Requirements Of Sections 91.417(a) And 

91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 

Phact Films: Section 333 Exemption Revision: Original Page 8 of 26
 (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

 owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section: 

 (1) Records of the maintenance, preventive maintenance, and alteration and 

 records of the 100-hour, annual, progressive, and other required or approved 

 inspections, as appropriate, for each aircraft (including the airframe) and each 

 engine, propeller, rotor, and appliance of an aircraft. The records must include-- 

 (i) A description (or reference to data acceptable to the Administrator) of 

 the work performed; and 

 (ii) The date of completion of the work performed; and 

 (iii) The signature, and certificate number of the person approving the 

 aircraft for return to service. 

 (2) Records containing the following information: 

 (i) The total time in service of the airframe, each engine, each propeller, 

 and each rotor. 

 (ii) The current status of life-limited parts of each airframe, engine, 

 propeller, rotor, and appliance. 

 (iii) The time since last overhaul of all items installed on the aircraft which 

 are required to be overhauled on a specified time basis. 

 (iv) The current inspection status of the aircraft, including the time since 

 the last inspection required by the inspection program under which the 

 aircraft and its appliances are maintained. 

 (v) The current status of applicable airworthiness directives (AD) and 

 safety directives including, for each, the method of compliance, the AD or 

 safety directive number and revision date. If the AD or safety directive 

 involves recurring action, the time and date when the next action is 

 required. 

 (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

 major alteration to the airframe and currently installed engines, rotors, 

 propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

Phact Films: Section 333 Exemption Revision: Original Page 9 of 26
 (1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is performed. 

 (2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 

 (3) A list of defects furnished to a registered owner or operator under § 43.11 of this 

 chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service. 

C. The Extent Of Relief PHACT FILMS Seeks And The Reason PHACT FILMS Seeks The 

Relief. 

1. Extent Of Relief PHACT FILMS Seeks And The Reason PHACT FILMS Seeks Relief 

From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met 

certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a 

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

business or employment if: (1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

As set forth more fully below, PHACT FILMS submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC 

has met certain flight-hour and currency requirements, demonstrating that the PIC is able to 

safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency maneuvers, as 

well as maintaining appropriate distances from people, vessels, vehicles and structures. 

Further, PHACT FILMS submits that all flights of the DJI Phantom 3 UAS, conducted by the 

PIC pursuant to the grant of this Petition: (1) will be incidental to PHACT FILMS’s business; 

and (2) will not carry passengers or property for compensation or hire. 

2. Extent Of Relief PHACT FILMS Seeks And The Reason PHACT FILMS Seeks Relief 

From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent 

required to allow PHACT FILMS to determine that the DJI Phantom 3 UAS are in airworthy 

condition prior to every flight by ensuring that the UAS is in compliance with the operating 

Phact Films: Section 333 Exemption Revision: Original Page 10 of 26
documents (i.e., PHACT FILMS Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Instruction Manual). 

PHACT FILMS seeks the requested relief because the DJI Phantom 3 UAS do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, PHACT 

FILMS will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its 

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) 

prior to every flight, and further, determine that the aircraft are in condition for safe flight, as 

stated in the conditions and limitations below. 

3. Extent Of Relief PHACT FILMS Seeks And The Reason PHACT FILMS Seeks Relief 

From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude information 

from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any 

altitude information concerning UAS operations be reported to air traffic control (ATC) in feet 

above ground level (AGL), PHACT FILMS seeks the requested relief because the DJI Phantom 

3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric 

pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought 

to the extent necessary to comply with the applicable conditions and limitations stated below. As 

more fully set forth herein, an equivalent level of safety will be maintained since the DJI 

Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior to each flight, 

and provides the PIC with altitude information of the UA on the heads-up display of the GCS. 

4. Extent Of Relief PHACT FILMS Seeks And The Reason PHACT FILMS Seeks Relief 

From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered DJI Phantom 3 UAS 

during daylight hours in visual meteorological conditions (VMC), under visual flight rules 

(VFR), for a total duration of 23 minutes. PHACT FILMS seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of the battery powered 

DJI Phantom 3 UAS will severely constrain the practicality of any aerial video or still photo 

flight operations that PHACT FILMS proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI 

Phantom 3 operating documents, and PHACT FILMS’s proposed operating limitations, ensure 

that PHACT FILMS will safely operate the battery powered DJI Phantom 3 UAS during daylight 

Phact Films: Section 333 Exemption Revision: Original Page 11 of 26
hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough 

battery power to fly for a total duration of 23 minutes. 

5. Extent Of Relief PHACT FILMS Seeks And The Reason PHACT FILMS Seeks Relief 

From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, PHACT FILMS requests relief from these Sections 

because the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth more fully 

below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without 

an airworthiness certificate. Accordingly, PHACT FILMS will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, 

and practices prescribed in the UAS operating documents (i.e., the PHACT FILMS Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). 

Furthermore, PHACT FILMS will document and maintain all maintenance records for the DJI 

Phantom 3 UAS. 

D. The Reasons Why Granting PHACT FILMS Request Would Be In The Public Interest; 

That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing PHACT FILMS to 

safely, efficiently, and economically perform aerial video and photography of construction sites, 

real estate, events and civic landscape over certain areas of the United States. 

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce 

pollution, and provide significant benefits to the economy. Notably, the benefits of PHACT 

FILMS’s proposed operation of the DJI Phantom 3 UAS will be realized without implicating any 

privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS. 

The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical 

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the 

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use 

of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise 

and air pollution, as well as increase the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 

UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 

conducting aerial video and photography missions would result in fewer aircraft that must be 

handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of 

flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS. 

Phact Films: Section 333 Exemption Revision: Original Page 12 of 26
Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will 

greatly benefit the public by drastically reducing the levels of air and noise pollution generated 

during traditional aerial video and still photography flight operations. By using battery power 

and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six cylinder internal combustion engine 

aircraft that are typically utilized for aerial video and photography, while burning approximately 

20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the 

carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled 

by battery powered electric motors, rather than an internal combustion engine. 

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and 

property in the air and on the ground, which is usually associated with traditional manned aircraft 

flight operations, will be substantially reduced or completely eliminated. Aside from the lack of 

flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing 

approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 

inches, and with no fuel on board), has less physical potential for collateral damage to life and 

property on the ground, and in the air, compared to the manned aircraft that typically conduct 

similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 

feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS 

Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical 

alternative to using manned aircraft to conduct similar aerial operations. As such, operation of 

the DJI Phantom 3 UAS will allow United States based companies, like PHACT FILMS, to 

remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising 

cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions 

phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and 

alternative technology in order to remain competitive. Operating the battery powered DJI 

Phantom 3 UAS is one such technology that not only allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 UAS, companies such as PHACT FILMS, can remain 

competitive and profitable, and therefore, provide greater job stability to employees and 

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial 

performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a 

stable workforce that increases consumer spending; improves local, state, and federal tax 

revenues; and allows companies to invest in research and development in order to remain 

competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

Phact Films: Section 333 Exemption Revision: Original Page 13 of 26
Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

PHACT FILMS’s proposed operation of the DJI Phantom 3 UAS will not implicate any privacy 

issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating 

documents (i.e., PHACT FILMS Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Instruction Manual) which requires property owner involvement as well as local law 

enforcement notification, and in accordance with the Federal Aviation Regulations, including the 

minimum altitude requirements of 14 C.F.R. § 91.119. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How 

The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The 

Rule From Which PHACT FILMS Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization 

and Reform Act of 2012 (FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, PHACT FILMS’s operation of the DJI Phantom 3 UAS 

meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness certification and sets 

forth requirements for considering whether a UAS will create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the 

following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 

180 days after the date of enactment of this Act, the Secretary of Transportation shall 

determine if certain unmanned aircraft systems may operate safely in the national airspace 

system before completion of the plan and rulemaking required by section 332 of this Act or 

the guidance required by section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum-- 

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of the national airspace system 

or the public or pose a threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace system, the 

Phact Films: Section 333 Exemption Revision: Original Page 14 of 26
Secretary shall establish requirements for the safe operation of such aircraft systems in the 

national airspace system. 

In seeking this exemption, PHACT FILMS submits that the DJI Phantom 3 UAS can operate 

safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of 

the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating 

limitations. 

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics. 

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise 

pose a threat to national security considering its size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 UAS. 

The technical specifications of the DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User 

Manual, attached hereto as Appendix A. 

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain 

Within A Defined Operational Area. 

The DJI Phantom 3 UAS may be operated in both manual and global positioning flight modes. A 

complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided 

at pages 11 of the DJI Phantom 3 User Manual attached hereto as Appendix A. 

iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home Point Or 

Hover In The Event Of Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 

seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire control link data 

from the GCS, the UAS will assume that the Control Link is lost and the will return to the home 

position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at 

pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as Appendix A. 

iv. The DJI Phantom 3 GCS And Its Operation. 

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight 

control software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual. DJI 

Phantom 3 User Manual is attached hereto as Appendix A. 

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A 

Certificated Pilot in Command With A Safety Observer. 

Phact Films: Section 333 Exemption Revision: Original Page 15 of 26
PHACT FILMS video production staff will be the only persons to act as a pilot in command 

(PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist him at all times 

during flight time. 

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating 

Limitations. 

In seeking this exemption, PHACT FILMS proposes to commercially operate DJI Phantom 3 

UAS for the special purpose of conducting aerial video and photography over certain areas of 

United States, pursuant to the following specific operating limitations. 

1. Operations authorized by this grant of exemption will be limited to the following aircraft 

described in the operating documents, rotorcraft UAS weighing less than 55 pounds 

maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of 

any other aircraft will require a new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial video and photography. 

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents unless a special 

request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the 

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC 

must be able to communicate verbally at all times. Electronic messaging or texting is not 

permitted during flight operations. The PIC must be designated before the flight and cannot 

transfer his or her designation for the duration of the flight. The PIC must ensure that the SO 

can perform the functions prescribed in the operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing and 

avoiding other air traffic and other ground based obstacles/obstructions and is not permitted 

to operate the camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations contained in the grant of exemption and the 

Phact Films: Section 333 Exemption Revision: Original Page 16 of 26
procedures outlined in the operating documents, the conditions and limitations contained in 

the grant of exemption take precedence and must be followed. Otherwise, the operator must 

follow the procedures as outlined in its operating documents. The operator may update or 

revise its operating documents. It is the operator’s responsibility to track such revisions and 

present updated and revised documents to the Administrator upon request. The operator must 

also present updated and revised documents if it petitions for extension or amendment to the 

grant of exemption. If the operator determines that any update or revision would affect the 

basis upon which the FAA granted the exemption, then the operator must petition for 

amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be 

contacted if questions arise regarding updates or revisions to the operating documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed and 

the UAS is found to be in a condition for safe flight. The Ground Control Station must be 

included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight. The PIC who conducts the functional test flight must make an entry in 

the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the 

operating documents. 

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the aircraft 

records, including total time in service, description of work accomplished, and the signature 

of the authorized person returning the UAS to service. 

15. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

16. The authorized person must make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current third- class 

medical certificate. 

Phact Films: Section 333 Exemption Revision: Original Page 17 of 26
18. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles 

and structures. PIC qualification flight hours must be logged in a manner consistent with 14 

C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under 

the terms of the exemption. However, training operations may only be conducted during 

dedicated training sessions. During training, proficiency, and experience-building flights, all 

persons not essential for flight operations are considered nonparticipants, and the PIC must 

operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. 

§ 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). If flight at 

night is required, a special request will be made at the FAA office closest to proposed area of 

operations. Flights under special visual flight rules (SVFR) are not authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted 

on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement with the airport management must 

be made available to the Administrator upon request. 

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver 

or Authorization (COA) prior to conducting any operations under the grant of exemption. 

This COA will also require the operator to request a Notice to Airman (NOTAM) not more 

than 72 hours in advance, but not less than 48 hours prior to the operation. All operations 

shall be conducted in accordance with airspace requirements in the ATO issued COA 

including class of airspace, altitude level and potential transponder requirements. 

Phact Films: Section 333 Exemption Revision: Original Page 18 of 26
26. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the UAS is operating. These 

documents must be made available to the Administrator or any law enforcement official upon 

request. 

29. The UA must remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

30. The UAS may not be operated by the PIC from any moving device or vehicle. 

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and 

structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from 

the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller 

of such vessels, vehicles or structures has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects and determined that it 

does not present an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present 

an undue hazard to those persons per § 91.119(a). 

32. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

33. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to the 

FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the 

Phact Films: Section 333 Exemption Revision: Original Page 19 of 26
National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web 

site: www.ntsb.gov. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) 

Would Not Adversely Affect Safety. 

PHACT FILMS submits that the equivalent level of safety established by Section 61.113(a) and 

(b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless 

that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the 

PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

Considering PHACT FILMS’s proposed area of operations, and the operating limitations set 

forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of 

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary 

to safely operate the DJI Phantom 3 UAS, PHACT FILMS submits that the additional manned 

airmanship experience of a commercially certificated pilot would not correlate to the airmanship 

skills necessary for PHACT FILMS’s specific proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11158, 11159, 11160, 11161). 

PHACT FILMS will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3 UAS training 

and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a 

manner consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those 

hours as a UAS pilot operating the same make and model of UAS to be used for operations under 

the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was 

obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during PHACT FILMS’s proposed operations. The Administrator has held that prior documented 

flight experience that was obtained in compliance with applicable regulations would ensure safe 

operations, stating as follows: 

Phact Films: Section 333 Exemption Revision: Original Page 20 of 26
In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of 

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a 

manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot 

including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations 

under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 

hours as a UAS pilot operating the same make and model of UAS to be used for operations under 

the exemption. For clarification, the FAA considers these minimum hour requirements to be 

inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours 

of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft 

time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in 

the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour 

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the 

skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that 

prior documented flight experience that was obtained in compliance with applicable regulations 

would satisfy this requirement. Training, proficiency, and experience-building flights can also be 

conducted under the grant of exemption to accomplish the required flight time. During training, 

proficiency, and experience-building flights the PIC is required to operate the UA with 

appropriate distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, PHACT FILMS will ensure safe operations by not allowing any PIC to operate the 

DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to 

every flight, PHACT FILMS will ensure that the DJI Phantom 3 UAS is in an airworthy 

condition based upon the UAS’s compliance with its operating documents and as stated in the 

conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety. 

Phact Films: Section 333 Exemption Revision: Original Page 21 of 26
The equivalent level of safety established by Section 91.121 will be maintained because the 

altitude information of the DJI Phantom 3 UAS will be provided to the PIC via GPS equipment 

and a radio communications telemetry data link, which downlinks from the UA to the GCS for 

active monitoring of the flight path and altitude. This altitude information, combined with 

PHACT FILMS’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 

500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information 

will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero 

altitude initiation point is automatically established by the UAS at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) 

the limitations on the proposed flight operations; and (3) the location of the proposed flight 

operations. Accordingly, PHACT FILMS will ensure that it will safely operate the battery 

powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery 

power to fly for a total duration of 23 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS; the 

limitations on the proposed flight operations; and the location of the proposed operations, will 

ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, 

safety will be ensured as the DJI Phantom 3 UAS provide audible and visual warnings to the PIC 

at the GCS when the UAS experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% remaining battery 

power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land 

automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that 

safety is not adversely affected when the technical characteristics and operating limitations of the 

UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)

(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

Phact Films: Section 333 Exemption Revision: Original Page 22 of 26
In seeking this exemption, PHACT FILMS submits that the equivalent level of safety with 

regard to the regulatory maintenance and alteration requirements established by Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because PHACT 

FILMS will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed in the 

operating documents (i.e., PHACT FILMS Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 3 Instruction Manual). Furthermore, PHACT FILMS will document and 

maintain all maintenance records for the DJI Phantom 3 UAS. 

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, 

PHACT FILMS will maintain the equivalent level of safety established by Sections 91.405(a), 

91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are attached hereto 

as Appendix A and B; a copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as 

Appendix C. 

Likewise, the exemption sought will not adversely affect safety because PHACT FILMS will use 

trained technicians to perform maintenance, alterations or preventive maintenance on the UAS 

using the methods, techniques, and practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UAS 

will be performed by trained technicians. Maintenance will be documented and maintained 

utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)

(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected 

when the technical characteristics and operating limitations of the UAS are considered. 

In consideration of PHACT FILMS’s proposed operating limitations, the operating documents, 

and the technical aspects of the DJI Phantom 3 UAS, PHACT FILMS submits that safety will 

not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) 

and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to 

UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 

14 C.F.R. § 21.16 entitled Special Conditions, PHACT FILMS requests that the FAA prescribe 

special conditions for the intended operation of the DJI Phantom 3 UAS, which contain such 

safety standards that the Administrator finds necessary to establish a level of safety equivalent to 

that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such 

Phact Films: Section 333 Exemption Revision: Original Page 23 of 26
special conditions will permit safe operation of the UAS for the limited purpose of conducting 

aerial video and photography over certain areas of the United States for compensation or hire. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification in 

accordance with any requirements that must be established for the safe operation of the UAS in 

the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for 

operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do 

not contain adequate or appropriate safety standards, due to the novel or unusual design features 

of the aircraft. Section 21.16, entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or 

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or 

unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft 

engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that 

established in the regulations. 

See 14 C.F.R. § 21.16. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe 

special conditions for Leading Edge’s intended operation of the DJI Phantom 3 UAS, which 

contain such safety standards that the Administrator finds necessary to establish a level of safety 

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) 

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) 

& (b). 

A Summary That Can Be Published In The Federal Register, stating: The Rules From 

Which PHACT FILMS Seeks Exemption: 

PHACT FILMS seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

A Brief Description Of The Nature Of The Exemption PHACT FILMS Seeks: 

This exemption will permit PHACT FILMS to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video and photography over certain areas of 

the United States. 

Any Additional Information, Views, Or Arguments Available To Support PHACT FILMS’s 

Request. 

Phact Films: Section 333 Exemption Revision: Original Page 24 of 26
This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS 

may operate safely in the NAS. As such, PHACT FILMS’s request for exemption may be 

granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification. 

As discussed in detail above, PHACT FILMS will operate the DJI Phantom 3 UAS safely in the 

NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to 

national security. 

CONCLUSION 

As set forth herein, PHACT FILMS seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the 

limited purpose of conducting aerial video and photography over certain areas of the United 

States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional 

mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests 

of the public, by allowing PHACT FILMS to safely, efficiently, and economically operate the 

DJI Phantom 3 UAS commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, PHACT FILMS respectfully requests that 

the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R 

Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)

(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 UAS 

commercially for the purpose of conducting aerial video and photography over certain areas of 

the United States. 

Dated: February 4, 2016 Respectfully submitted, 

Eric Verkouteren

President

Phact Films

PO Box 713206

Santee, CA 92072

(c) 951-326-4448

(e) eric@phactfilms.com 

Phact Films: Section 333 Exemption Revision: Original Page 25 of 26
Appendices:

A – Link to DJI Phantom 3 Manual: Click on link below 

http://download.dji- innovations.com/downloads/phantom_3/en/

Phantom_3_Professional_User_Manual_v1.2_en.pdf 

Phact Films: Section 333 Exemption Revision: Original Page 26 of 26